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(영문) 인천지방법원 2017.03.30 2015구합53811
손실보상금
Text

1. The Defendant: (a) KRW 72,576,00 for Plaintiff A; (b) KRW 19,791,00 for Plaintiff B; and (c) KRW 17,719,00 for Plaintiff Busan Agricultural Cooperative.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: project approval (road) project implementation (F expansion) - Public announcement of project implementation authorization: G public announcement of Bupyeong-si on December 1, 2014, and H public announcement of Seocheon-si on February 9, 2015 - Project operator: Defendant;

B. The Gyeonggi-do Local Land Tribunal’s ruling on expropriation (hereinafter “instant ruling”) dated 16, 2015 - The date of expropriation: November 26, 2015 - Each land and obstacles listed in the attached Table 1 appraisal report located in Seocheon-gu, Seocheon-si (hereinafter collectively “subject matter of expropriation”) - Compensation for losses: The same shall apply to each money indicated in the attached Table 1 appraisal report.

- An appraisal corporation: An appraisal corporation and a Japanese appraisal corporation (Provided, That each of the above appraisal appraisal institutions is a road on each present condition listed in attached Table 1 appraisal report (hereinafter referred to as "road on each present condition of this case").

3) The value of the private road was assessed on the premise that it is a de facto private road

C. Results of the court's entrustment to appraiser I of this case - Contents of appraisal: Evaluation as stated in the "court's appraisal amount" column in the attached Table 1 appraisal report for the subject matter of this case (hereinafter the above appraisal entrustment result is referred to as "court appraisal result") / there is no dispute over the result of appraisal, entry of evidence No. 1-3, 6-8, and 1-3, and each entry of evidence No. 1-3, No. 6-8, and No. 1-3, the result of the court's entrustment to appraiser I of this case

2. The assertion and judgment

A. The plaintiffs' assertion on the following grounds are unlawful, so the defendant is obligated to pay the difference between the reasonable amount of compensation and the result of the appraisal of the judgment, and damages for delay to the plaintiffs.

(1) The appraisal agency determined the appraisal value of the instant expropriated object at a lower price than the market price by erroneous appraisal as to the comparison and assessment as to the individual pricing factors.

(2) Since each of the present situations of this case does not constitute a private road, it is so long as it does not constitute a private road.

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